In considering the parties’ arguments the court referred to the requirements of a valid arbitration agreement as stipulated by section 4 of the Arbitration Act and concluded that; the appellant failed to prove that there was an agreement in writing that was duly signed by both parties providing that the arbitral award may be appealable.
In reference to Section 4 of the Arbitration Act, the statute clearly describes the nature of an arbitration agreement and its elements; a document signed by both parties, an exchange of letters or other form of written communication providing a record of the agreement, an exchange of statements of claim and defense in which the existence of an agreement is evinced, and an arbitration clause in a contract. Therefore, in relation to the above the only available dispute resolution mechanism for the parties is arbitration hence the dispute cannot be subject to an appeal.
Once parties enter into an arbitration agreement freely, ousting other means of dispute resolution, they cannot turn around and denounce the arbitration agreement. The dispute therefore cannot be subject to an appeal